Greenfield murder case moved forward

More of the complex details in the murder case against Mark Stutzenstein were aired in Greenfield Town Court last night in a preliminary hearing held to determine if there was enough evidence to charge Stutzenstein with murder in the second degree in the death of Arthur L. Jackson, 41. Jackson lived in Stutzenstein’s house on 9N, which he also shared with his wife, Carol Ann. Stuzenstein allegedly stabbed Jackson in the gut May 21. Jackson died at Albany Med 22 hours later. As I understand it from talking to Saratoga DA Jim Murphy, the case pivots on whether Stutzenstein stabbed Jackson during or after the men had a fistfight. If it was during the fight, it’s plausible Stutzenstein was defending himself. It was afterward and he was no longer threatened, it’s murder.

It was an unusual hearing, both because felony cases and particularly homicide cases in Saratoga County are almost always transferred to county court and hardly ever discussed in the town courts; and because defense attorney Terry Kindlon fought with Assistant DA Ann Sullivan and Justice Deborah Hopkins. Sullivan repeatedly objected to Kindlon’s cross examination of State Police Investigator David Pelchar because she said Kindlon was trying to make it a discovery hearing – beyond the scope of a prelim as described by law. Kindlon said he was merely “walking through the door” Sullivan opened with her line of questions. Hopkins took two recesses to study the law as a result of Kindlon’s arguments but ultimately ruled in favor of the prosecution. Kindlon did a lot of yelling and told Hopkins several times he took exception to her rulings.

This mugshot of Arthur Jackson was taken Aug. 15, 2003.

Afterward, Kindlon said he didn’t expect Hopkins to dismiss the charges; a ruling like that out of local court is as rare as hen’s teeth, he said.

All this happened in the tiny Greenfield Town Court with several members of Jackson’s family sitting in the last row of chairs and a shackled Stutzenstein sat at the defense table between Kindlon and the lawyer’s wife, Laurie Shanks. The defendant seemed morose, and didn’t show much reaction to the proceedings. At the end, Kindlon slapped him on the back and said to “keep smiling,” which I found unlikely.

Outside the court, Jackson’s older brother, Robert Polmer, said Jackson was romantically involved with Stutzenstein’s wife, Carol Ann. Polmer said his brother moved into the Stutzensteins’ house while the couple was separated a couple years ago – in his statement to police Stutzenstein said he and Carol Ann were separated for 3 months, but made no mention of a romance between his wife and Jackson – but didn’t move out, even when the Stutzensteins reunited.

3 Responses

I NEVER GOT A CHANCE TO THANK YOU. I’LL NEVER FORGET THE TIME WHEN WE WERE IN THE GYM AND THE BIGGEST KID IN MY HIGH SCHOOL WALKED IN AND STARTED RUNNING HIS MOUTH CALLING ME WEAK. YOU WERE STANDING RIGHT BEHIND HIM HAMMER CURLING 115’S, WHEN HE TURNED AND SAW YOU SMILE WITH THAT GOLD TOOTH OF YOURS ENGRAVED WITH A SHINY MARIJUANA LEAF… I NEVER SAW SOMEBODY RUN AWAY SO FAST IN MY LIFE. THANKS FOR TEACHING ME CHAINS, I STOPPED AT BOO’S HOUSE TRYIN TO FIND YOU BEFORE I GOT THE NEWS.

My uncle mark is the most kind hearted man I’ve ever meet I trust him with my life and itill you know the in tire story which I do donot say a thing the man broke into my aunts room and beat the crap out of him and uncle was only trying to puetct his own and if I went for that man gee I woulnet have to worry about my uncle every day I haven’t talk to him in two years and I have a mental disorder and you don’t know how it feels to be worried every sigle day that my favert uncle is away oh and I know for a fact that my aunt did not cheat on my uncle because i there almost every day sence I was three years old and I’m now18teen so if she was I would know gee was harassing her so in tell you know what really happen that night which I do SHUT YOUR MOUTH!!!!